Syrian chemical weapons victims ask German prosecutors to investigate

A criminal complaint filed in Germany is the first to seek to apply universal jurisdiction to Syrian officials accused of killing hundreds of civilians in chemical attacks on rebel-held areas during the country’s nearly decade-long civil war.

Lawyers representing victims of chemical weapons attacks in Syria filed the complaint with German federal public prosecutors on Tuesday, saying it outlined new evidence showing the Syrian government carried out the attacks.

Germany has universal jurisdiction laws that offer a rare legal avenue against the government of Syrian President Bashar Al Assad. Russia and China have previously vetoed attempts at the United Nations Security Council to refer Syria to the International Criminal Court.

Tuesday’s complaint is the first to pursue action over the alleged use of chemical weapons by Damascus on Eastern Ghouta in 2013 and Khan Shaykhun in 2017. The attacks, which the complaint attributes to the Syrian government, resulted in the deaths of an estimated 1,500 Syrians.

The Syrian government denies using chemical weapons against its own civilians.

A UN-commissioned investigation concluded in 2016 that Syrian government forces had used chlorine and sarin gas.

The complaint was the result of a two year investigation by three organisations; the Open Society Justice Initiative, the Syrian Center for Media and Freedom of Expression, and Syrian Archive.

“We’ve brought prosecutors evidence that we think significantly extends what was previously available with regards to these attacks,” said Steve Kostas, lead counsel with the Open Society Justice Initiative.

This included tracing the chain of command for the 2017 Khan Shaykhun attack to the highest level of the Syrian government, he said.

Other countries, including the UK, recognise the principle of universal jurisdiction, under which courts can prosecute war crimes and crimes against humanity anywhere in the world, regardless of where they were committed.

But activists have favoured German courts because prosecutors have proved willing to bring cases to court in recent years.

In April, two alleged Syrian intelligence officers went on trial in Germany on charges of crimes against humanity, murder, torture and rape. The prosecution is ongoing.

German prosecutors have also opened an ongoing “structural investigation” into crimes committed during the Syrian civil war, which started in 2011.

“German prosecutors have said they will accept this complaint and incorporate it into their ongoing investigation,” Mr Kostas said.

If German prosecutors proceed with an investigation they could eventually seek arrest warrants against individuals named in the complaint.

“This is an important first step. Achieving justice for these crimes will be a long process. But we think it’s essential for prosecutors to begin compiling evidence and building cases now so high level officials can be prosecuted in the future,” Mr Kostas said.

“We represent 17 victims of these attacks. It’s important for our clients that these horrific attacks are not forgotten, that these crimes are seen as the atrocities that they were, and that the perpetrators are held accountable,” he concluded.